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Panama Case - Post Verdict Discussion and Updates

Let me find and post a vid where the PMLN NA120 voter standing alongside the local body consular states that "ham tu baay sharam ho chukay hain noon league no vote daay daay kar par unn kay leye message haay kaay tussi tay kuch sharam kar loo, kuch hayyaa kar loo, kuch kaam karlo iss halqay maen bhee"

Firoun or Nimrod bhi besharam logon pe hukumraani krte they.

Jab azaab qareeb aan parta hai to insan loh e mehfoz bhi parh le to yakeen nahi krta.

Chalo iss bahane demon-cracy ka pora maza legi ab qaum
 
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@Shane From J Ijaz ul Ahsan's judgment on tax evasion

It has strenuously been argued by the learned counsel for the petitioner that Respondent No.1 and other members of his family have been involved in tax evasion. By way of illustration, it has been pointed out that in the wealth reconciliation statements for the tax year 2011, Respondent No.1 has disclosed receipt of a sum of US$ 1,914,054 which translates into about 20 Crore Pak Rupees. In subsequent years, similar amounts were received by Respondent No.1 as gifts. These amounts were allegedly sent by Respondent No.7 to Respondent No.1 by way of gifts. It is argued that the amounts received by Respondent No.1 did not qualify as gifts. These were to be treated as income in the hands of Respondent No.1 through other sources on which tax was required to be paid by him. It was also pointed out that despite tall claims made by Respondent No.1 regarding payment of huge amounts of money as tax by the industrial establishments of his family, his personal tax payments between 1981 to 1999 were not more than a few thousand rupees.

75. It is therefore argued that the tax payment history of Respondent No.1 clearly points towards tax evasion on his part for years on end. On considering the arguments of both sides on the issue, we find that the Returns filed by Respondent No.1 from time to time were accepted by the Tax Department. The Returns were neither challenged nor reopened in exercise of powers available to the concerned functionaries of the tax department and may have become past and closed transactions owing to afflux of time considering the period of limitation provided by the Tax laws. Representatives of the Federal Board of Revenue (FBR) and their counsel categorically stated before us that no definitive information was placed before the competent authorities either by the petitioners or any other person that may have furnished basis for reopening and scrutiny of the Returns of Respondent No.1. It was therefore stated that there was no valid reason or lawful basis available to the tax department to reopen the returns of Respondent No.1 for past years.

Further, even if for the sake of argument, the allegations of tax evasion were to be given any credence, the same would not automatically attract the penal consequences of Article 63(1)(o) of the Constitution. This is in view of the fact that the said Article is attracted only where liability has finally been determined by the competent forum and default has been committed in payment of such determined liability. In the present case, the said prerequisites are missing. As a result, on a mere allegation of tax evasion, it cannot be held that provisions of Article 63(1)(o) of the Constitution are attracted and Respondent No.1 is liable to be disqualified on that score from being a member of the Parliament.

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Ok here ..he is talking abt only allegations of tax evasions .. If tax evasion by KN is proved..then she can be disqualified..

Also..critical question is... Is KN..still deputy chairman FZE or not?
 
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Ok..can some one share the link of LHC 's judgment? I want to read the opinion of dissenting judge in detail.. Want to know..what has he written exactly? I couldnt find tht judgment on LHC website..

Not the actual judgement but important points are here:


Court issues detailed verdict

|Pleas against Kalsoom

September 16, 2017





LAHORE - A Lahore High Court (LHC) full bench on Friday issued a detailed split-judgement on petitions filed by PPP, PAT and MML against candidature of Kalsoom Nawaz for the by-election in the NA-120 constituency.

In the 14-page detailed judgement, majority of the judges dismissed the petitions against the candidature of Kalsoom Nawaz. However, Justice Ibadur Rehman Lodhi, in his dissenting note, allowed the petitions.

Justice Lodhi set aside the decisions of the Returning Officer and Election Tribunal regarding acceptance of nomination papers of Kalsoom Nawaz. He also termed the decisions of both Returning Officer and Election Tribunal as arbitrary and with no legal effects.

Justice Aminuddin Khan was head of the bench and Justice Shahid Jamil Khan was other member of the bench.

Justice Lodhi observed, “Examining the act of the Returning Officer on the touchstone of Constitution and Law, it is my irresistible conclusion that the Returning Officer has completely failed to perform his function in accordance with law and he has arbitrarily proceeded to accept the nomination papers of the candidate without giving any reasons and without disposal of objections raised by the petitioners as to the qualification of an aspiring candidature for the National Assembly.”

He also observed that the appellate tribunal had completely failed to take into consideration arbitrariness in the conduct of the Returning Officer when he violated provisions of Article 218 (3) of the Constitution and Section 14 of the ROPA.

“The order passed by the learned Appellate Tribunal on Sept 21 and the decision of the Returning Officer on August 18 accepting nomination papers of the candidate are result of an arbitrary exercise and having no legal effects and thus are set aside,” he said.

He held that nomination papers of the candidate and the objections raised thereon by the petitioners would be deemed to be pending before the RO who will conduct the scrutiny strictly within the meaning of Section 14 of the ROPA. Justice Lodhi also suspended the previous notification and directed the ECP to issue a fresh schedule for the whole process of election.


In the majority decision, it was held that “cases in hand are against the acceptance of nomination papers and no one is going to be disfranchised. In his view of the matter, all the above three petitions being non-competent in the light of the judgments of the Supreme Court of Pakistan referred supra stand dismissed with majority view with no order as to casts.”

PPP’s Faisal Mir, PAT’s Ishtiaq Chaudhry and Milli Muslim League’s Sheikh Yaqoob had challenged decision of the returning officer and election tribunal on acceptance of nomination papers of Kalsoom Nawaz.

PPP’s Faisal Mir and PAT’s counsel Ishtiaq Chaudhry have decided to challenge the decision of the Lahore High Court before the Supreme Court. Kalsoom, at this stage, is legally clear to contest the by-election.

The current bench was the third full bench of the highest court of the province, reconstituted after one of the members in the previous two had refused to hear the case for personal reasons. On August 30, these appeals came up for hearing before a full bench headed by Justice Muhammad Farrukh Irfan Khan. Justice Farrukh, due to personal reasons, declined hearing of the case, and returned it to the chief justice to constitute a new bench.

The chief justice formed another bench consisting of Justice Aminuddin Khan, Justice Shams Mahmood Mirza and Justice Ibadur Rehman Lodhi but Justice Shams refused to hear it for personal reasons. Now, for the third time, the bench was constituted to hear the case.

All the petitioners questioned eligibility of Kalsoom Nawaz, saying that she had concealed facts and did not mention her details of shares in various companies.

Kalsoom showed herself a dependent of her husband Nawaz Sharif, however she was the share holder of many companies, the petitioners said. They alleged that Kalsoom had also failed to disclose agreement and salary for a UAE Iqama (work permit) attached to her nomination papers. He said this work permit meant Kalsoom had dual nationality and as such was not eligible to contest the election.

They said that after the Panama Papers verdict by the Supreme Court it was necessary for Kalsoom to disclose her salary as an asset. They submitted that a case was also lodged against Kalsoom in year 2000 but she did not mention it in her nomination papers.

They alleged that Kalsoom was also a defaulter of agriculture income tax and concealed details of her Murree residence. They asserted that Kalsoom could not contest election on the ticket of PML-N because that registration of the party stands cancelled since disqualification of its head, Nawaz Sharif.

The petitioners further said that Kalsoom in her nomination papers, showed herself as house wife but she was a shareholder in many companies. They requested the court to set aside the decision of the RO and reject nomination of Kalsoom Nawaz.
 
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Aaj saabit hogaya.

Koi sharam nahi hoti
Kuch haya nahi hoti

Lagaaan Dialogue yaad agaya

Tum sala ghulaam log. Ghulaam hi rahega
Mara khochi lagan to olper key daidh litre pack par 10 rs ka kar raha hay ham
 
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Not the actual judgement but important points are here:


Court issues detailed verdict

|Pleas against Kalsoom

September 16, 2017





LAHORE - A Lahore High Court (LHC) full bench on Friday issued a detailed split-judgement on petitions filed by PPP, PAT and MML against candidature of Kalsoom Nawaz for the by-election in the NA-120 constituency.

In the 14-page detailed judgement, majority of the judges dismissed the petitions against the candidature of Kalsoom Nawaz. However, Justice Ibadur Rehman Lodhi, in his dissenting note, allowed the petitions.

Justice Lodhi set aside the decisions of the Returning Officer and Election Tribunal regarding acceptance of nomination papers of Kalsoom Nawaz. He also termed the decisions of both Returning Officer and Election Tribunal as arbitrary and with no legal effects.

Justice Aminuddin Khan was head of the bench and Justice Shahid Jamil Khan was other member of the bench.

Justice Lodhi observed, “Examining the act of the Returning Officer on the touchstone of Constitution and Law, it is my irresistible conclusion that the Returning Officer has completely failed to perform his function in accordance with law and he has arbitrarily proceeded to accept the nomination papers of the candidate without giving any reasons and without disposal of objections raised by the petitioners as to the qualification of an aspiring candidature for the National Assembly.”

He also observed that the appellate tribunal had completely failed to take into consideration arbitrariness in the conduct of the Returning Officer when he violated provisions of Article 218 (3) of the Constitution and Section 14 of the ROPA.

“The order passed by the learned Appellate Tribunal on Sept 21 and the decision of the Returning Officer on August 18 accepting nomination papers of the candidate are result of an arbitrary exercise and having no legal effects and thus are set aside,” he said.

He held that nomination papers of the candidate and the objections raised thereon by the petitioners would be deemed to be pending before the RO who will conduct the scrutiny strictly within the meaning of Section 14 of the ROPA. Justice Lodhi also suspended the previous notification and directed the ECP to issue a fresh schedule for the whole process of election.


In the majority decision, it was held that “cases in hand are against the acceptance of nomination papers and no one is going to be disfranchised. In his view of the matter, all the above three petitions being non-competent in the light of the judgments of the Supreme Court of Pakistan referred supra stand dismissed with majority view with no order as to casts.”

So the dissenting judge..says..tht proper scruitny of her nomination papers should be done...and election be stayed...and tht ECP issues a fresh schedule for the election... But now tht the election is done..now what? He hasnt exactly rejected her nomination or disqualified her..rather said..tht proper scruitny be done again.. Ok fair enough
@ red . Honestly didnt understand at all... Majority verdict ..kia keh rahay hain?
 
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Yar yeh lahorion ko kab aqal aii gi, aik banda Pakistan main rehna pacand nahi kerta, apna alaj Pakistan main nahi kerwta, aisa bhenchoodon sa yeh expect kerta hain ka Pakistan ko badalin ga? Humera masla yeh corrupt or nahal hukmaran nahi, balka is mulk ki jahil paisa per bikna wali awam ha.
Road ko patch lagwo, police main bharti kerwa do, thora bohat paisa da do, vote in ka.
i always used to think how one hitler made the entire german nation to kill jews? how the whole nation got crazy after one man? nawaz sharif and pak nation answered my questions. nations at the time of their own destruction become blind and switch on self destruct button.
 
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Must read this..

@Shane @PakSword @The Accountant @Realistic Change

Now tht PML N and PPP have come to realise tht ammending articles 62/63 of the constituition is not so easy and there will be huge uproar against it..they are trying to make ammendments in nomination papers to render article 62/63 completely ineffective.by removing words..solemn affirmation and oath..while declaring assets.......And PTI is clueless abt it... They dont seem to even know abt it or realise its implication...
In the name of electoral reforms..ye araam se forms main ammendment karrahay hain.. Kisi ki attention bhi nahi ..iss taraf..ye words hatt gaye tu 62/63 tu bilkol ineffective hojayega..

image.jpg
 
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red . Honestly didnt understand at all... Majority verdict ..kia keh rahay hain?

The majority decision said that the all petition regarding rejection of Kalsoom Nawaz nomination papers were non-maintainable, however petitioners can raised the objections before the election tribunal.

“It was returning officer’s onus to scrutinize the nomination papers,” the decision said.
 
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Blah blah blah blah blah

Blah blah blah blah blah

Lolll
Waisy Verve raised an intersting point.. What if Kulsoom Nawaz's iqama..is not valid now?

Do u remember.. NS was Chairman Capital FZE....since when? 2013 ke baad se tha? Ya pehle se?

The majority decision said that the all petition regarding rejection of Kalsoom Nawaz nomination papers were non-maintainable, however petitioners can raised the objections before the election tribunal.

“It was returning officer’s onus to scrutinize the nomination papers,” the decision said.

Election tribunal tu pehle hi jaa chukay thay.. Uske verdict ke against hi tu...LHC gaye thay...?
 
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Must read this..

@Shane @PakSword @The Accountant @Realistic Change

Now tht PML N and PPP have come to realise tht ammending articles 62/63 of the constituition is not so easy and there will be huge uproar against it..they are trying to make ammendments in nomination papers to render article 62/63 completely ineffective.by removing words..solemn affirmation and oath..while declaring assets.......And PTI is clueless abt it... They dont seem to even know abt it or realise its implication...
In the name of electoral reforms..ye araam se forms main ammendment karrahay hain.. Kisi ki attention bhi nahi ..iss taraf..ye words hatt gaye tu 62/63 tu bilkol ineffective hojayega..

View attachment 426026

Hahahahaha

Cheater salay...

Yeh ganjay jis hospital main paida huay hongay, nurse ko bhi choona lagadia hoga.

:lol:
 
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Lolll
Waisy Verve raised an intersting point.. What if Kulsoom Nawaz's iqama..is not valid now?

Do u remember.. NS was Chairman Capital FZE....since when? 2013 ke baad se tha? Ya pehle se?

Don't know about his chairmanship but his iqama was valid since 2006.

If Kalsoom has any shares in the UAE company, she must be holding a valid iqama.
 
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Hahahahaha

Cheater salay...

Yeh ganjay jis hospital main paida huay hongay, nurse ko bhi choona lagadia hoga.

:lol:

. :( its serious :( PTI ko tu lagta hai...ke pata bhi nahi..iss baaray main.. Jab sab kuch hochuka hoga.. Bill accept hojaye PML N aur PTI ki combined efforts se.. 2018 elections sir par hong.tab shayad pata chalay ya tab bhi inhien ehsas na ho..ke hua kia hai? Jab tak ke baad mian 62/63 ka koi casse na aye..aur court kahay ke ye tu ab ammndment hochuki hia..aur 62/63 ab apply nahi hota
 
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Don't know about his chairmanship but his iqama was valid since 2006.

If Kalsoom has any shares in the UAE company, she must be holding a valid iqama.

Please don't involve rigging in this.

Allah has blessed PMLN victory.

Cancer jeet gaya Doctor haar gaya
 
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